Legal Opinion

Arena Construction Co. v. Town of Harrison

Appellate Division of the Supreme Court of the State of New York

Decided July 23, 1979PublishedCited by 4 opinions

1Opinion of the Court

—In an action to recover damages for breach of contract, the parties cross-appeal from an order of the Supreme Court, Westchester County, entered June 28, 1978, which (1) granted that branch of the defendant’s motion which sought dismissal of the complaint, (2) denied that branch of the defendant’s motion which sought confirmation of the architect’s decision, (3) remanded the plaintiff’s claims to the architect for a de novo determination, after a hearing, and (4) made no disposition of plaintiff’s cross motion for leave to serve an amended complaint. Order modified by deleting the provisions…

2Cases cited4 opinions

  1. Joseph Davis, Inc. v. Merritt-Chapman & Scott Corp.Appellate Division of the Supreme Court of the State of New York · 1967
  2. E. H. Smith Contracting Co. v. City of New YorkNew York Court of Appeals · 1925
  3. In Re the Arbitration Between Methodist Church of Babylon & Glen-Rich Construction Corp.New York Court of Appeals · 1971
  4. H. M. Hughes Co. v. Sapphire Realty Co.New York Court of Appeals · 1962

3Cited by4 opinions

  1. J. Sackaris & Sons, Inc. v. Terra Firma Construction Management & General Contracting, LLCAppellate Division of the Supreme Court of the State of New York · 2005
  2. Sunoco, Inc. v. 175-33 Horace Harding Realty Corp.District Court, E.D. New York · 2013
  3. Hoosier Energy Rural Electric Cooperative, Inc. v. Amoco Tax Leasing IV Corp.Court of Appeals for the Seventh Circuit · 1994
  4. Hoosier Energy Rural Electric Cooperative, Incorporated v. Amoco Tax Leasing Iv CorporationCourt of Appeals for the Seventh Circuit · 1994

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